How to appeal a visa refusal

We anticipate a significant shift in how the new Labour government addresses immigration issues. There is a lot of misinformation about those coming to the UK, and we have already seen an increase in visa refusals.

Appealing against a visa refusal is either done to the Home Office or the First Tier Tribunal. 

• The letter which explains the reasons why the visa had been refused, this will explain whether you can appeal the decision or need to file an administrative review. 
• Administrative review is a way to challenge a visa refusal, but this would be filed to a Home Office senior caseworker to consider your visa refusal. 
• Alternatively, you will file the visa refusal challenge to the First Tier Tribunal. This would include the grounds of appeal and claim form. 
• If you have applied for a short-term visa or a visit visa route application, then you will not receive a right to appeal. In that instance, you will need to file a reconsideration request.  

Things you need to do when you appeal a visa refusal

Using this checklist, it will help prepare a visa refusal:

• Download a copy of the visa form. A visa form should be available for you to download for about 6 months from the date of application. 
• Cover letter and documents you have filed. You need to cross reference with the information and documents provided to check on the reasons why the visa had been refused. 
• Check the refusal letter and mark off the issues raised. This will help you draft the grounds of appeal. 

Writing your appeal grounds or administrative review letter

In an appeal against a visa refusal, you should ensure that you address the issues raised on the visa refusal letter. 

• A visa refusal letter from the Home Office will explain the relevant immigration rules which was applied on this application. 
• The reasons why the requirements of the visa were not met is explained in the letter. This should help you challenge the decision made. 
• Evidences are critical part of your visa refusal. Be sure to make references to the evidences you have provided in order to meet the visa requirements. 
• If you have missed that evidence or do not have it, explain the reasons.

Avoid using or citing case laws or guidance’s as that does not always help on challenging a visa refusal. The grounds of appeal is different to the appeal skeleton argument. 

How to submit your appeal to the Home Office or the First Tier Tribunal

The appeal is filed online. You should complete the appeal or claim form online. 

If you do not have access to an internet, you can file a paper form however processing times take longer to process. 

Once the appeal is lodged to the Home Office or the First Tier Tribunal, they will confirm receipt of the appeal through the online platform. You will be able to see the progress of the appeal and submit further representation and documents. 

How to appeal a visa refusal – frequently asked questions (FAQ)

We aim to address some of the most frequently asked questions about appealing a visa refusal.

Can you appeal against a UK visa refusal? Where your application for a UK visa had been refused, the Home Office must provide its reasons in writing. The letter explains in detail why the visa had been refused and in most visa applications, you are given 28 days to appeal against the decision.

How much does it cost to appeal against a visa refusal? The Home Office or the First Tier Tribunal website will let you know the costs to file an appeal or an administrative review. The fees varies and does depend on the number of people who are part of the application. 

How does a decision of a visa refusal given to the applicant? When you go to pick up your passport and other documents at the visa centre, they should provide the written refusal letter. In some instances, the Home Office may email the refusal letter but this is not the usual case. 

Can a UK visa refusal be overturned or reversed? Yes, if the Entry Clearance Officer refused the application incorrectly and your grounds, including relevant evidences demonstrates an error in the decision making, the visa application can be overturned. 

Does a new application after a visa refusal be approved? Yes, if you have had an application refused, and did not appeal the decision, you can address the issues raised through updated information and documents. In some instances, your Lawyer would assess the legal matter and advise you to file a fresh application.  

Are there any visa appeal letter template? Most lawyers have a way of writing, the Home Office or the courts do not have a standard format to file an appeal. 

How can I determine the visa appeal success? This is based on the visa application you have filed. You need to make sure all the right information or documents have been filed as part of the visa application. Visa decisions are based on interpretations and considerations being applied by a Visa Officer. Decisions at times could be made in error. If so, you should legally challenge the decision. 

How long does a visa appeal take to decide? Appeal through the First Tier Tribunal goes through a number of legal processes, this varies, usually it could take around 6 to 9 months.

When can you apply after you have been refused a UK visa? There are no guidelines to how long you must wait to make a new application. However, if your circumstances have not, then you should not apply immediately unless you have omitted information or documents relevant to the visa application. 

About the author

ICS Legal are a regulated law firm in the UK and have been providing immigration & nationality advice for over 18 years. We are regulated by the Office of the Immigration Services Commissioner part of the Home Office. https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner.